01 Development of the Law of the Sea

8/13/2019 01 Development of the Law of the Sea

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HISTORY OF

INTERNATIONAL LAW OF THE SEA &LAW OF THE SEA OF VIETNAM


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Class schedule

Content Date

Class 1 History and development of law of the sea 2/10/2013

Class 2 Baselines and maritime zones under UNCLOS 1982 7/10/2013

Class 3 Legal regime of maritime zones 9/10/2013

Class 4 Legal regime of maritime zones (cont) 14/10/2013

Class 5 Legal regime of maritime zones (cont) 16/10/2013Class 6 Bays, legal regime of island, archipelagic regime 21/10/2013

Class 7 Maritime delimitation 23/10/2013

Class 8 Mid-term exam 28/10/2013

Class 9 New development of the law of the sea 30/10/2013

Class 10 Fisheries 4/11/2013

Class 11 UNCLOS dispute settlement mechanism 6/11/2013

Class 12 UNCLOS dispute settlement mechanism (cont) 11/11/2013

Class 13 Marine environment and MSR 13/11/2013

Class 14 Review 18/11/2013

Class 15 Exam 20/11/2013


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Reading materials:

1. Vaughan Lowe, Robin Churchill, The Law ofthe Sea, Juris Publishing, Inc.; 3rd edition

2. Website of the United Nations Division forOcean Affairs and Law of the Sea:

http://www.un.org/depts/los/index.htm


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Short introduction on internationallaw


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Foundation of International Law1

Concept of International Law

International law is the body of rules which

are legally binding on states and othersubjects in their intercourse with each other.


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Foundation of International Law1

Classification of international law

Public Intl

LawIntl Economic

Law

Private Intl

Law

! Law of IntlOrganizations

! Law of Treaties! Law of the Sea! Diplomatic and

Consular Law! Intl Human Rights Law! Intl Humanitarian

Rights Law

!Intl Investment Law! Intl Trade Law

! Intl IntellectualProperty Law

! Intl Financial Law

! Property Rights! Marriage and

Family Law

! Succession Law! Contract Law! Recognition andEnforcement of

Foreign Decisions


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Subjects of International Law2

Subjects of international law

STATES

INTL

ORGANIZATIONS

NATIONAL

LIBERATION

MOVEMENTS

INDIVIDUALS ?

UN, WTO, EU,

NATO, ASEAN

The 1960 struggles of

African peoples for

decolonization

!

!

!

A subject of intl law is a body or entity recognized or

accepted as being capable of exercising intl rights and

duties.

SPECIAL

ENTITIES

Taiwan, Hongkong,

Vantican

?


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Nature of International Law3

International Law Municipal Law

Are UN, EU, and

ASEAN regarded as

legislative bodies of

the intl law system?

There is a legislative body For example:Congress US, British, China

Duma Russia

National Assembly Vietnam

Parliament Malaysia, SingaporeBundesrat (Federal Council) Germany

Law-making depends

on the will of states.

All states are

sovereign and equal.

The legislature is in the position of

supremacy and enacts binding legislation .

Is there any field of civil law in which the

will of individuals and incorporations

plays an important role in regulating

relations among them?

Law-making


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Nature of International Law3

International Law Municipal Law

Law

enforcement

Sanctions

- Applied by states themselves- Diplomatic measures:

withdrawal an ambassador,

severing diplomatic relations,

filling a protest with the UN.

- Economic sanctions: tradeembargoes, cutting off aid, etc.

- Monetary fine- Incarceration- Capital punishment

Lawdetermination

+ Intl Courts (ICJ, ITLOS, ICC,etc.) may exercise jurisdiction over

limited matters

+ The Court has jurisdictionon all matters of laws and

issues binding judgments.

Such jurisdiction is

compulsory.


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History ofInternational law of the sea


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Decree of

Pope

Alexander VI

& Tordesillas

Treaty


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Principles for the usage of the sea

Books Fighting

Freedom of the seaHugo Grotius: Mare Liberum (1609).

National sovereigntyJohn Selden: Mare Clausum (1635).


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The Codification process of

the law of the sea

1930: Codification meeting of international law

Nationality State responsibility Territorial sea"No agreement had been reached on territorial sea


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the law of the sea

1958: UN Conference on the law of the sea I

4 Conventions and 1 Protocol

Convention on territorial sea and contiguous zone Convention on continental shelf Convention on high sea Convention on Conservation of natural resources Protocol on dispute settlement


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the law of the sea

1960: UN Conference on the law of the sea II

Purpose: The breadth of the territorial sea Formula of 6+6: territorial sea + fishing zone 58 for, 28 against & 5 abstained"Fail to reach agreement


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the law of the sea

1973-1982: UN Conference on the law of the sea III

Background for the conference:

New states after movements for independence The over exploitation of fishery and environmental

pollution Legal regime for the Area


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The first meeting of the 3rdCommittee of the UN

Conference on the law of the sea III, Geneva,

Switzerland, 19/03/1975


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the law of the sea

1973-1982: UN Conference on the law of the sea III Developed and developing countries National sovereignty and Freedom of navigation Coastal states, non-coastal states, archipelagic

states


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UN Convention on the law of the sea 1982

Opened for signature on 10/12/1982 Consist of 320 articles, 17 parts and 9 annexes Entered into force on 16/11/1994 (after Guyana,the 60 country deposit its ratification). Vietnam ratified UNCLOS on 25/7/1994. Currently have 165 members and entities (EU).


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Institutions established under UNCLOS

International Tribunal on the Law of the Sea Commission on the Limits of the Extended

Continental Shelf

Seabed Authority Conference of member states


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Agreement relating to the implementation of Part XIof the UNCLOS1994

The UN Agreement for the Implementation of theProvisions of the United Nations Convention on theLaw of the Sea relating to the Conservation andManagement of Straddling Fish Stocks and HighlyMigratory Fish Stocks.

IMO conventions


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Law of the sea of Vietnam


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History of the law of the sea of Vietnam

Declaration dated on 12/5/1977 on maritime zones:internal water, territorial sea, exclusive economic

zone and continental shelf.

Participated in the UN Conference on the law of thesea II in 1977.

Declaration on the baseline for measuring the breathof the territorial sea dated on 12/11/1982. Signed UNCLOS on 10/12/1982 and ratified on

23/6/1994.


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History of the law of the sea of Vietnam

Legislations to regulate sea managementincluding fisheries, petroleum, border,

environment protection!

Law of the sea of Vietnam 2012 Ratification of IMOs convetions.


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Questions and discussion arewelcome!

Contact information:

Nguyen Thi Lan Anh, PhD

69 Chua Lang, Dong Daemail: [email protected]

Documents

01 Development of the Law of the Sea